§ 27-A — Safety and health standards for public employees

New York § 27-A

• Jurisdiction: New York
• Law LAB: Labor
• Art. 2: The Department of Labor

Text

§ 27-a. Safety and health standards for public employees. 1.\nDefinitions. As used in this section:\n * a. "Employer" means the state, any political subdivision of the\nstate, a public authority or any other governmental agency or\ninstrumentality thereof.\n * NB Effective until enactment of legislation by the state of New\nJersey\n * a. "Employer" means the state, any political subdivision of the\nstate, a public authority, a bi-state authority utilizing its own police\nofficers or firefighters or any other governmental agency or\ninstrumentality thereof.\n * NB Effective upon enactment of legistlation by the state of New\nJersey\n b. "Employees" means persons permitted to work by an employer.\n c. "Authorized employee representative" means an employee authorized\nby the employees or the designated representative of an employee\norganization recognized or certified to represent the employees pursuant\nto article fourteen of the civil service law.\n * d. "Public employee" means any employee of the state, any political\nsubdivision of the state, a public authority or any other governmental\nagency or instrumentality.\n * NB Effective until enactment of legislation by the state of New\nJersey\n * d. "Public employee" means any employee of the state, any political\nsubdivision of the state, a public authority, a bi-state authority\nutilizing its own police officers or firefighters or any other\ngovernmental agency or instrumentality.\n * NB Effective upon enactment of legislation by the state of New\nJersey\n e. "System components" means life safety harness, belts, ascending\ndevices, carabiners, descent control devices, rope grab devices and\nsnap-links.\n 2. Application. A safety or health standard promulgated under the\nprovisions of this section shall apply to every public employee and the\ncommissioner shall have exclusive authority to enforce such standard in\naccordance with the provisions of this chapter, notwithstanding any\nother safety or health standard or any other provision in this chapter\nor in any other general, local or special law or charter. However, this\nsection shall not supersede any inconsistent provision of the education\nlaw, as applied to any school building certified by the commissioner of\neducation as being in compliance with such law, and the regulations\npromulgated pursuant thereto, on the effective date of this section, or\nas applied to any application for certification which is pending before\nthe effective date of this section.\n 3. Duties. a. Every employer shall: (1) furnish to each of its\nemployees, employment and a place of employment which are free from\nrecognized hazards that are causing or are likely to cause death or\nserious physical harm to its employees and which will provide reasonable\nand adequate protection to the lives, safety or health of its employees;\nand (2) comply with the safety and health standards promulgated under\nthis section. In applying this paragraph, fundamental distinctions\nbetween private and public employment shall be recognized.\n b. Every employee shall comply with the safety and health standards\nand all rules, regulations and orders issued pursuant to this section\nwhich are applicable to his own actions and conduct.\n c. The state shall promulgate a plan for the development and\nenforcement of occupational safety and health standards with respect to\npublic employers and employees, in accordance with section eighteen (b)\nof the United States Occupational Safety and Health Act of 1970 (Public\nLaw 91-596) which provides: "(b) Any State which, at any time, desires\nto assume responsibility for development and enforcement therein of\noccupational safety and health standards relating to any occupational\nsafety or health issue with respect to which a Federal standard has been\npromulgated under section 6 shall submit a State plan for the\ndevelopment of such standards and their enforcement."\n 4. Safety and health standards. a. The commissioner shall by rule\nadopt all safety and health standards promulgated under the United\nStates Occupational Safety and Health Act of 1970 (Public Law, 91-596)\nwhich are in effect on the effective date of this section, in order to\nprovide reasonable and adequate protection to the lives, safety and\nhealth of public employees and shall promulgate and repeal such rules\nand regulations as may be necessary to conform to the standards\nestablished pursuant to such act or pursuant to paragraph b of this\nsubdivision.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nthe commissioner, in consultation with the state occupational safety and\nhealth hazard abatement board, shall promulgate rules and regulations\nrecommended to him by such board which establish standards whenever such\nboard finds (i) that no federal standard exists for the particular\ncondition being addressed and that such a standard is necessary for the\nprotection of the public employees at risk, or (ii) a federal standard\nexists, but conditions in public workplaces in this state require a\ndifferent standard, and such state standard will be at least as\neffective in providing safe and healthful places of employment as the\nfederal standard.\n c. Except for an employer located in a city with a population of over\none million, any employer who employs a firefighter determined to be at\nrisk of entrapment at elevations pursuant to regulations promulgated by\nthe commissioner, shall provide emergency escape systems for use by such\nfirefighter. The commissioner shall by rule identify the codes,\nstandards and recommended practices of the National Fire Protection\nAssociation and other appropriate standards approved by the commissioner\nas are appropriate to the nature of the risk to which the firefighter\nshall be exposed and shall, at a minimum, include in such rule language\nrequiring employers to (1) identify whether firefighters employed by\nthem would be exposed to the hazard of entrapment at elevated surfaces;\n(2) identify those firefighters who would be exposed to the hazard; and\n(3) determine the appropriate emergency escape systems to address the\nhazard. Such emergency escape systems shall be adequate to protect the\nhealth and safety of the firefighter. The employer shall ensure that the\nfirefighter is instructed in the proper use of the emergency escape\nsystems. As used in this subdivision, the term "entrapment at\nelevations" shall mean a situation where a fire or other emergency\nconditions require a firefighter inside a structure to immediately exit\nthe structure but where such conditions make the normal route of exit\nunusable, thereby requiring the firefighter to exit the structure from\nan opening that is not designed as an exit and is above the ground floor\nor at an elevation above the surrounding terrain that would reasonably\nbe expected to cause injury to a firefighter exiting by means of this\nopening without any emergency escape systems. As used in this\nsubdivision, the term "emergency escape system" shall mean safety ropes\nand system components and any other system that (1) is compliant with\nthe codes, standards and recommended practices of the National Fire\nProtection Association or other appropriate standard identified by the\ncommissioner through regulation, as a means of emergency self-rescue\nfrom an above grade, immediately hazardous environment, (2) has been\ncertified by a nationally recognized safety testing and certification\norganization, and (3) the commissioner has recognized through\nregulation.\n In order to ensure the adequacy of the emergency escape systems, the\nemployer must routinely inspect and ensure that:\n (1) Existing emergency escape systems meet the codes, standards and\nrecommended practices adopted by the commissioner.\n (2) Existing emergency escape systems still perform their function and\nto identify any of their limitations such as but not limited to:\n (i) Checking the labels or stamps on the equipment; and\n (ii) Checking any documentation or equipment specifications; and\n (iii) Contacting the supplier or the approval agency;\n (3) Firefighters are informed of the limitations of emergency escape\nsystems;\n (4) Firefighters are not allowed or required to use any emergency\nescape systems beyond their limitations;\n (5) Existing and new emergency escape systems have no visible defects\nthat limit their safe use;\n (6) Emergency escape systems are used, cleaned, maintained and stored\naccording to manufacturer's instructions;\n (7) The firefighter is instructed in identifying to the employer any\ndefects that the firefighter may find in emergency escape systems; and\n (8) Any identified defects are corrected or immediate action is taken\nby the employer to eliminate the use of this equipment.\n d. Any person who may be adversely affected by a standard issued under\nthis section may, within thirty days after the effective date of such\nstandard, commence a proceeding for judicial review pursuant to article\nseventy-eight of the civil practice law and rules.\n 5. Inspections. a. Any employee or representative of employees who\nbelieves that a violation of a safety or health standard exists, or that\nan imminent danger exists, may request an inspection by giving notice to\nthe commissioner of such violation or danger. Such notice and request\nshall be in writing, shall set forth with reasonable particularity the\ngrounds for the notice, shall be signed by such employee or\nrepresentative of employees, and a copy shall be provided by the\ncommissioner to the employer or the person in charge no later than the\ntime of inspection, except that on the request of the person giving such\nnotice, his name and the names of individual employees or\nrepresentatives of employees shall be withheld. Such inspections shall\nbe made forthwith.\n b. A representative of the employer and an authorized employee\nrepresentative shall be given the opportunity to accompany the\ncommissioner during an inspection for the purpose of aiding such\ninspection. Where there is no authorized employee representative, the\ncommissioner shall consult with a reasonable number of employees\nconcerning matters of safety and health in the workplace.\n c. The authority of the commissioner to inspect a premises pursuant to\nsuch an employee complaint shall not be limited to the alleged violation\ncontained in such complaint. The commissioner may inspect any other area\nof the premises in which he has reason to believe that a violation of\nthis section exists.\n d. No employee who accompanies the commissioner on an inspection shall\nsuffer any reduction in wages.\n e. The commissioner may, upon his own initiative, conduct an\ninspection of any premises occupied by a public employer if he has\nreason to believe that a violation of this section has occurred or if he\nhas a general administrative plan for the enforcement of this section,\nincluding general schedule inspections, which provide a rational\nadministrative basis for such inspecting. Within ninety days of\nenactment of this paragraph the commissioner shall publish the general\nadministrative plan and shall adopt regulations on the conduct of\ninspections in locker rooms and other areas involving the personal\nproperty and privacy rights of public employees.\n f. Any information obtained by the commissioner under this section\nshall be obtained with a minimum burden upon the employers.\n 5-a. Notwithstanding any other provisions of law, when a request for\nan inspection has been made in a situation where there is an allegation\nof an imminent danger such that an employee would be subjecting himself\nor herself to serious injury or death because of the hazardous condition\nin the workplace, the inspection shall be given the highest priority by\nthe department and shall be carried out immediately.\n 6. Enforcement procedures. a. If the commissioner determines that an\nemployer has violated a provision of this section, or a safety or health\nstandard or regulation promulgated under this section, he or she shall\nwith reasonable promptness issue to the employer an order to comply\nwhich shall describe particularly the nature of the violation including\na reference to the provision of this section, standard, regulation or\norder alleged to have been violated, shall fix a reasonable time for\ncompliance and may establish the penalty to be assessed for failure to\ncorrect the violation by the time fixed for compliance. An employer who\nfails to correct a non-serious violation by the time fixed for\ncompliance may be assessed a civil penalty of up to fifty dollars per\nday until the violation is corrected. An employer who fails to correct a\nserious violation by the time fixed for compliance may be assessed a\ncivil penalty of up to two hundred dollars per day until the violation\nis corrected. Pursuant to section 18(k) of the United States\nOccupational Safety and Health Act of 1970 (Public Law, 91-596), a\nserious violation shall be deemed to exist in a place of employment if\nthere is a substantial probability that death or serious physical harm\ncould result from a condition which exists, or from one or more\npractices, means, methods, operations, or processes which have been\nadopted or are in use, in such place of employment unless the employer\ndid not, and could not with the exercise of reasonable diligence, know\nof the presence of the violation. A non-serious violation shall be\ndefined as any violation that does not fall under the definition of\nserious violation. The commissioner shall not assess a penalty against\nan employer for failure to correct a violation of a standard which is\nthe subject of an application for a temporary order granting a variance\nor a violation which is the subject of a petition to modify an order to\ncomply, provided however, that upon issuance by the commissioner of a\ndetermination denying such variance or petition to modify, or upon\nexpiration of a temporary variance or modified compliance period, the\ntime fixed for compliance shall recommence and the employer become\nliable for the penalties provided herein.\n b. Where the commissioner issues to an employer an order to comply,\nthe employer shall post such order or a copy thereof in a conspicuous\nplace at or near each place of violation cited in the order, where it is\nclearly visible to affected employees. The commissioner shall make such\norder available to employee representatives.\n c. Any employer, or other party affected by a determination of the\nindustrial commissioner issued pursuant to this section may petition the\nindustrial board of appeals for review of such determination in\naccordance with section one hundred one of this chapter. Judicial review\nof the decision of the industrial board of appeals may be obtained by\nany party affected by such decision by commencing a proceeding pursuant\nto article seventy-eight of the civil practice law and rules within\nsixty days after such decision is issued.\n d. If the time for compliance with an order of the commissioner issued\npursuant to this section has elapsed, and the employer has not complied\nwith the provisions of the order, the commissioner shall seek judicial\nenforcement of such order by commencing a proceeding pursuant to article\nseventy-eight of the civil practice law and rules. Where an employer has\ncomplied with an order in all respects other than the payment of a\npenalty imposed pursuant to this subdivision, the commissioner may file\nwith the county clerk of the county where the employer has its place of\nbusiness the order of the commissioner continuing the amount of civil\npenalty found to be due. The filing of such order shall have the full\nforce and effect of a judgment duly docketed in the office of such\nclerk. The order or decision may be enforced by and in the same manner,\nand with like effect, as that prescribed by the civil practice law and\nrules for the enforcement of a money judgment.\n 6-a. Form of complaints. The department shall establish a dedicated\nwebpage through which any public employee under the jurisdiction of this\nsection may report alleged or believed violations of any state law,\nregulation, rule or guidance related to occupational health and safety\ninvolving a communicable disease, including but not limited to the novel\ncoronavirus COVID-19. Such webpage shall allow individuals to report\nalleged or believed violations anonymously.\n 7. Injunction proceedings. a. The supreme court of the state shall\nhave jurisdiction, upon petition of the industrial commissioner,\npursuant to the civil practice law and rules to restrain any conditions\nor practices in any place of public employment which are such that a\ndanger exists which could reasonably be expected to cause death or\nserious physical harm immediately or before the imminence of such danger\ncan be eliminated through the abatement procedures otherwise provided\nfor by this section. Such proceeding shall be brought in the county in\nwhich the violation is alleged to exist. Any order issued under this\nsection may require such steps to be taken as may be necessary to avoid,\ncorrect or remove such imminent danger and prohibit the employment or\npresence of any individual in locations or under conditions where such\nimminent danger exists, except individuals whose presence is necessary\nto avoid, correct, or remove such imminent danger or to maintain the\ncapacity of a continuous process operation to resume normal operations\nwithout a complete cessation of operations, or where a cessation of\noperations is necessary, to permit such to be accomplished in a safe and\norderly manner. The employer may contest such order pursuant to the\ncivil practice law and rules.\n b. Whenever and as soon as an inspector concludes that conditions or\npractices described in paragraph a of this subdivision exist in any\nplace of public employment, he shall inform the affected employees and\nemployers of the danger and that he is recommending to the industrial\ncommissioner that relief be sought.\n c. If the industrial commissioner fails to seek relief under this\nsection within forty-eight hours of being notified of such condition,\nany employee who may be injured by reason of such failure, or the\nauthorized employee representative of such employees, may seek\ninjunctive relief as provided in paragraph a of this subdivision.\n 8. Variances. a. Any employer may apply to the commissioner for a\ntemporary order granting a variance from a standard or any provision\nthereof promulgated under this section. Such temporary order shall be\ngranted only if the employer files an application which meets the\nrequirements of paragraph b of this subdivision and establishes that (1)\nhe is unable to comply with a standard by its effective date because of\nunavailability of professional or technical personnel or of materials\nand equipment needed to come into compliance with the standard or\nbecause necessary construction or alteration of facilities cannot be\ncompleted by the effective date, (2) he is taking all available steps to\nsafeguard employees against the hazards covered by the standard, and (3)\nhe has an effective program for coming into compliance with the standard\nas quickly as practicable. Any temporary order issued under this\nsubdivision shall prescribe the practices, means, methods, operations\nand processes which the employer must adopt and use while the order is\nin effect and state in detail his program for coming into compliance\nwith the standard. Such a temporary order may be granted only after\nnotice to employees and an opportunity for a hearing, provided the\ncommissioner may issue one interim order to be effective until a\ndecision is made on the basis of the hearing. No temporary order may be\nin effect for longer than the period needed by the employer to achieve\ncompliance with the standard or one year, whichever is shorter, except\nthat such an order may be renewed not more than twice so long as the\nrequirements of this subdivision are met and if an application for\nrenewal is filed at least ninety days prior to the expiration date of\nthe order. No interim renewal of an order may remain in effect longer\nthan one hundred and eighty days.\n b. An application for a temporary variance order shall contain: (1) a\nspecification of the standard or portion thereof from which the employer\nor owner seeks a variance; (2) a representation by the employer,\nsupported by representations from qualified persons who have firsthand\nknowledge of the facts represented, that he is unable to comply with the\nstandard or portion thereof and a detailed statement of the reasons\ntherefor; (3) a statement of the steps he has taken and will take, with\nspecific dates, to protect employees against the hazard covered by the\nstandard; (4) a statement of when he expects to be able to comply with\nthe standard and what steps he has taken and what steps he will take,\nwith dates specified, to come into compliance with the standard; and (5)\na certification that he has informed his employees of the application by\ngiving a copy thereof to their authorized representative, posting a\nstatement giving a summary of the application and specifying where a\ncopy may be examined at the place or places where notices to employees\nare normally posted, and by other appropriate means. A description of\nhow employees have been informed shall be contained in the\ncertification. The information to employees shall also inform them of\ntheir right to petition the commissioner for a hearing. The commissioner\nis also authorized to grant a variance from any standard or portion\nthereof whenever he determines that such variance is necessary to permit\nan employer to participate in an experiment approved by him designed to\ndemonstrate or validate new and improved techniques to safeguard the\nhealth or safety of workers.\n c. Any affected employer may apply to the commissioner for a rule or\norder for a variance from a standard promulgated under this section.\nAffected employees shall be given notice of each such application and an\nopportunity to participate in a hearing. The commissioner shall issue\nsuch rule or order if he determines on the record, after opportunity for\nan inspection where appropriate and a hearing, that the proponent of the\nvariance has demonstrated by a preponderance of the evidence that the\nconditions, practices, means, methods, operations or processes used or\nproposed to be used by an employer will provide employment and places of\nemployment which are as safe and healthful as those which would prevail\nif he complied with the standard. The rule or order so issued shall\nprescribe the conditions the employer must maintain, and the practices,\nmeans, methods, operations and processes which he must adopt and utilize\nto the extent they differ from the standard in question. Such a rule or\norder may be modified or revoked upon application by an employer, any\nemployee or employee representative, or by the commissioner on his own\nmotion, in the manner prescribed for its issuance under this subdivision\nat any time after six months from its issuance.\n d. Any person, who may be adversely affected by a rule or order issued\nunder this subdivision may challenge the validity or applicability of\nsuch rule or order by commencing, within sixty days, a proceeding\npursuant to article seventy-eight of the civil practice law and rules.\n 9. Recordkeeping. a. In accordance with the commissioner's\nregulations, each employer shall make, keep and preserve, and make\navailable to the commissioner such records regarding his activities\nrelating to this section as the commissioner deems necessary or\nappropriate for developing information regarding the causes and\nprevention of occupational accidents and illness. Such regulations may\ninclude provisions requiring employers to conduct periodic inspections.\nThe commissioner shall also issue regulations requiring that employers,\nthrough posting of notices, training or other appropriate means, keep\ntheir employees informed of their protections.\n b. The commissioner shall prescribe regulations requiring employers to\nmaintain accurate records and to make public periodic reports of\nwork-related deaths, and injuries and illnesses other than minor\ninjuries requiring only first aid treatment and which do not involve\nlost time from work, medical treatment, loss of consciousness,\nrestriction of work or motion or transfer to another job.\n c. The commissioner shall issue regulations requiring employers to\nmaintain accurate records of employee exposures to potentially toxic\nmaterials or harmful physical agents which the regulation requires to be\nmonitored or measured. Such regulations shall provide employees or their\nrepresentatives with an opportunity to observe such monitoring or\nmeasuring and have access to the records thereof. Such regulations shall\nalso make appropriate provisions for each employee or former employee to\nhave access to such records as will indicate his own exposure to toxic\nmaterials or harmful physical agents. Each employer shall promptly\nnotify any employee who has been or is being exposed to toxic materials\nor harmful physical agents in concentrations or at levels which exceed\nthose prescribed by any safety and health standard promulgated under\nthis section, and shall inform any employee who is being exposed of the\ncorrective action being taken and the time limit for correction.\n 10. Discrimination against employees. a. No person shall discharge, or\notherwise discipline, or in any manner discriminate against any employee\nbecause such employee has filed any complaint or instituted or caused to\nbe instituted any proceeding under or related to this section or has\ntestified or is about to testify in any such proceeding, or because of\nthe exercise by such employee on behalf of himself or others of any\nright afforded by this section.\n b. Any employee who believes that he has been discharged, disciplined,\nor otherwise discriminated against by any person in violation of this\nsubdivision may, within thirty days after such violation occurs, file a\ncomplaint with the commissioner alleging such discrimination. Upon\nreceipt of such complaint, the commissioner shall cause such\ninvestigation to be made as he deems appropriate, and shall, if\nrequested withhold the name of the complainant from the employer. If\nupon such investigation, the commissioner determines that the provisions\nof this subdivision have been violated, he shall request the attorney\ngeneral to bring an action in the supreme court against the person or\npersons alleged to have violated the provisions of this subdivision. In\nany such action the supreme court shall have jurisdiction, for cause\nshown, to restrain violations of this subdivision and order all\nappropriate relief, including rehiring or reinstatement of the employee\nto his former position with all back pay.\n c. Within ninety days of this receipt of a complaint filed under this\nsubdivision the commissioner shall notify the complainant and his\nrepresentative by registered mail of his determination.\n d. Nothing in this subdivision shall be deemed to diminish the rights\nof any employee under any law, rule or regulation or under any\ncollective bargaining agreement.\n 11. Wherever notice is required to be given to an authorized employee\nrepresentative under this section, notice shall be given to all\norganizations representing employees at the worksite in question. Notice\nshould be given to the office of the employee representative as well as\nto the representative at the worksite. Representatives who wish this\ndual notice must inform the department of the person who is to be\nnotified. Such notice shall be in writing unless the inspection is being\nconducted under subdivision five-a of this section.\n 12. The commissioner may initiate voluntary compliance programs,\nincluding, but not limited to, a public employee consultation program to\nprovide on-site consultation to public employers desiring such services\nas an adjunct to the commissioner's inspections pursuant to this\nsection. Whenever an on-site consultation is performed under this\nsubdivision, a report shall be issued of any findings of noncompliance\nwith the regulations promulgated under this section and the report shall\nbe made public.\n 13. Regulations. The commissioner may promulgate such procedural\nregulations as he shall consider necessary and proper to effectuate the\npurposes and provisions of this section.\n 14. A commission to report on the operation and effect of this section\nis hereby established. a. Such commission shall examine the incidence of\nwork related injuries, the incidence of injuries to the public, and the\neffect of this section upon insurance costs of public employers. Such\ncommission shall be empowered to recommend additional or corrective\nlegislation to advance the purposes of this section.\n b. Such commission shall be composed of three members, one of whom\nshall be chosen by the speaker of the assembly, one of whom shall be\nchosen by the temporary president of the senate, and one of whom shall\nbe chosen by the governor.\n c. Members of the commission shall serve without compensation, except\nfor expenses reasonably incurred in the discharge of their duties under\nthis subdivision.\n d. The commission shall issue an interim report to the legislature and\nthe governor, which report shall be issued one year after the effective\ndate of this section. A final report shall be issued two years after\nsuch effective date.\n 15. New York state occupational safety and health hazard abatement\nboard; creation and procedure. a. The New York state occupational safety\nand health hazard abatement board is hereby created to have and exercise\nthe powers, duties and prerogatives provided by the provisions of this\nsubdivision.\n b. The membership of the board shall consist of five persons appointed\nby the governor of whom one shall be upon the recommendation of the\ntemporary president of the senate, one upon the recommendation of the\nspeaker of the assembly, and one upon the recommendation of the state\ncomptroller. Members shall serve at the pleasure of the governor, and\nthe governor may replace any member in accordance with the provisions\ncontained herein for the appointment of members.\n The governor shall designate one of the members to serve as chairman.\nThe board shall act by a majority vote of its members, and a quorum to\nconduct business shall consist of three members. Any determination of\nthe board shall be evidenced by a certification thereof executed by all\nthe members present and voting. Each member of the board shall be\nentitled to designate a representative to attend meetings of the board\nin his place, and to vote or otherwise act on his behalf in his absence.\nSuch representative shall not be authorized to delegate any of his\nduties or functions to any other person. Notice of such designation\nshall be furnished in writing to the board by the designating member. A\nrepresentative shall serve at the pleasure of the designating member\nduring the member's term of office.\n c. No elected public officer or public employee shall be eligible for\nappointment as a member of the board.\n d. The members of the board and their representatives shall serve\nwithout salary or per diem allowance but shall be entitled to\nreimbursement for actual and necessary expenses incurred in the\nperformance of their official duties pursuant to this section, provided\nhowever that such members and representatives are not, at the time such\nexpenses are incurred, public employees or public officers otherwise\nentitled to such reimbursement.\n e. The board shall meet at least four times a year with at least one\nmeeting in each calendar quarter. The chairman shall designate the days\nof meeting, and shall provide each member with at least three weeks\nwritten notice of the date of such meeting.\n f. Staff services for the board shall be performed insofar as\npracticable, by personnel of the department of labor. Additional\nprofessional and technical services may be secured from other state\ndepartments or agencies, with the consent of the head of such department\nor agency.\n 16. New York state occupational safety and health hazard abatement\nboard; powers and duties. (A) a. The board created pursuant to\nsubdivision fifteen of this section shall have the power, and it shall\nbe its duty to receive, review and act upon applications for funding of\ncapital projects designed to abate occupational safety and health\nhazards which have been found by the commissioner to violate the\nprovisions of this section or which have been identified in a report of\nthe public employee consultation program. The board shall fund\nseventy-five percent of the cost of any capital abatement project\nnecessary to comply with an order issued by the commissioner pursuant to\nthe provisions of this section or with a recommendation for hazard\nabatement issued by the public employee consultation program.\n b. In determining the order in which applicants shall receive grants\nfrom the fund, and the amount of such funding, the board shall consider\nthe following factors:\n (1) the degree of possible physical harm which the hazard to be abated\ncould inflict on the public employees and other citizens at risk;\n (2) the imminent nature of the possible infliction of harm;\n (3) the number of public employees and other citizens at risk;\n (B) a. The board shall have the power, and it shall be its duty to\nreceive, review, and act upon applications for funding for programs\ndesigned to provide occupational safety and health training and\neducation for employees pursuant to the provisions of article\ntwenty-nine of this chapter.\n b. The board shall, by the promulgation of rules and regulations,\nestablish procedures and criteria that are necessary and appropriate to\ncarry out the provisions of article twenty-nine of this chapter, which\nshall include criteria for the evaluation and selection of applications\nfor grants and the auditing of performance thereunder.\n (C) a. The board may require as part of such applications made\npursuant to the provisions of this subdivision such information as it\ndeems necessary and shall act upon such applications within a reasonable\ntime. The board shall furnish the state budget director, state\nindustrial commissioner, state comptroller, temporary president of the\nsenate and speaker of the assembly with a copy of each application\nwithin three days following receipt thereof by the board.\n b. That a employer has applied for funds pursuant to the provisions of\nthis subdivision shall not relieve that employer of the obligation to\ncorrect any violation of this section by variance or other means.\n (D) a. The board, in the formulation of standards pursuant to\nparagraph b of subdivision four of this section, shall have the power to\nconduct public hearings, administer oaths and take sworn or unsworn\ntestimony at such hearings. The board may, by subpoena issued by the\nchair, compel the attendance of witnesses and the production of all\nbooks, records and other evidence relative to any matter under inquiry\nin the formulation of such standards.\n b. The board may contract with occupational health professionals and\nindustrial safety engineers to provide expert assistance in the\nformulation of standards pursuant to paragraph b of subdivision four of\nthis section.\n c. The board is authorized, after public hearings, to recommend\nstandards to the commissioner. The board, in addition to acting on its\nown initiative, shall review, consider and make recommendations\nregarding requests for new standards presented to such board by public\nemployers, employees or authorized employee representatives.\n